76Reinstating dismissed proceeding

76 Reinstating dismissed proceeding (1) A person whose proceeding has been dismissed under rule 75 may apply to the court to reinstate the proceeding. Note Pt 6.2 (Applications in proceedings) applies to an application to reinstate (2) The court may reinstate the proceeding if it is in the interests of justice to reinstate the proceeding. (3) A proceeding that has been dismissed under rule 75 (2) is reinstated if, before the end of 1 year after the day the proceeding is dismissed, a party to the proceeding files a document in the proceeding. (4) The party filing the document must serve a copy of the document on each other active party to the proceeding not later than 3 days after the day the document is filed. Note Active party—see the dictionary. (5) For any time limit (including a limitation period), a proceeding that is reinstated is taken to have started on the day the originating process for the proceeding was filed in the court and is taken never to have been dismissed.

Rule 100 Part 2.3 Notice of intention to respond and defence Division 2.3.1 Notice of intention to respond and defence—general 100 No step without notice of intention to respond or defence (1) Except with the court’s leave, a defendant to an originating claim may take a step in a proceeding only if the defendant has filed in the (a) a notice of intention to respond; or (b) if the defendant chooses not to file a notice of intention to respond—a defence. Note 2 A defendant who proposes to challenge the court’s jurisdiction or to assert an irregularity must file a conditional notice of intention to respond (see r 111). Note 3 A defendant who intends to take no active part in a proceeding must file a notice of intention to respond (see r 106). Note 4 See • approved form 2.8 (Notice of intention to respond) AF2021-23 • approved form 2.9 (Defence and counterclaim) AF2015-28.

Rule 101 (2) Subject to rule 106 (Defendant may submit to judgment by notice of intention to respond), if a defendant to an originating claim files an unconditional notice of intention to respond in the court, the defendant must also file a defence. Note 1 Rule 111 (Conditional notice of intention to respond) provides that, if a defendant files a conditional notice of intention to respond, the defendant must apply for an order under r 40 (Setting aside originating process etc). If the defendant fails to apply, or the defendant applies but the application is refused, the conditional notice of intention to respond becomes an unconditional notice of intention to respond, and the defendant must file a defence. Note 2 See div 2.11.3 (Default by defendant) for the possible consequences of not filing a notice of intention to respond or defence. Note 3 See also r 279 (Person with legal disability—effect of no notice of intention to respond or defence). (3) Except with the court’s leave, a defendant to an originating application may take a step in a proceeding only if the defendant has filed in the court a notice of intention to respond.